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In the Interest of A. B.

Clear and convincing evidence did not support a finding that the child's deprivation was caused by a lack of proper parental control, despite the fact that the mother's boyfriend was convicted of killing another child and she visited him in jail.

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The biological mother of A. B. appeals an order entered by the Juvenile Court of Gwinnett County that found A. B. deprived. She contests the sufficiency of evidence as to the finding of deprivation and challenges the state’s refusal to create a reunification plan. On appeal from a deprivation order, we must view the evidence in the light most favorable to the juvenile court’s judgment to determine whether any rational trier of fact could have found by clear and convincing evidence that the child was deprived. In the Interest of B. M. B. , 241 Ga. App. 609 527 SE2d 250 1999. In reviewing a court’s finding of deprivation, we defer to that court’s factfinding and affirm unless the appellate standard is not met. In the Interest of S. S. , 232 Ga. App. 287, 289 501 SE2d 618 1998.

So viewed, in September 2001, the appellant had custody of her three children, D. B. then age nine, R. B. age 6, and J. B. age three. After allegedly receiving a report that appellant’s live-in boyfriend had physically abused R. B. and J. B., the Department of Family and Children Services DFACS purportedly began an investigation, but as of October 18, 2001, DFACS had not reached any conclusion. On October 18, appellant’s boyfriend beat three-year-old J. B. so severely that she died. After that death, appellant sent her other two children to live with their grandmother in Arkansas from where this state had them picked up and returned to Georgia.

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